Consider the following statements:The Parliament (Prevention of Disqualification) Act, 1959 exempts

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UPSC Prelims is a competitive examination conducted in India. This question is from the 2019 UPSC Prelims Indian Polity & Governance paper.

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Question

Consider the following statements:The Parliament (Prevention of Disqualification) Act, 1959 exempts several posts from disqualification on the grounds of 'Office of Profit'.The above-mentioned Act was amended five times.The term 'Office of Profit' is well-defined in the Constitution of India.Which of the statements given above is/are correct?

Accepted Answer

Correct Answer: A — 1 and 2 onlyStep-by-step Solution:Statement 1 — The Parliament (Prevention of Disqualification) Act, 1959 exempts several posts: This is correct. Articles 102(1)(a) and 191(1)(a) of the Constitution disqualify a person from being a Member of Parliament or State Legislature if they hold an 'office of profit' under the Government. However, Parliament has enacted the Parliament (Prevention of Disqualification) Act, 1959, which lists several posts that are EXEMPTED from this disqualification. The Act has been periodically amended to add more exempted posts. ✓Statement 2 — The Act was amended five times: This is correct. The Parliament (Prevention of Disqualification) Act, 1959 has been amended multiple times — including amendments in 1960, 1992, 1993, 2006 (major amendment to expand exempted list for 27 Delhi AAP MLA controversy), and on other occasions. The statement that it was amended five times was accurate as of the question's context (2019). ✓Statement 3 — 'Office of Profit' is well-defined in the Constitution: This is incorrect. The term 'Office of Profit' is NOT defined in the Constitution of India. Articles 102 and 191 use the term but provide no definition. Over the years, courts (especially the Supreme Court) have evolved criteria for determining what constitutes an 'Office of Profit' through case law — including factors like: whether the government appoints the person; whether the government pays remuneration; whether the government controls the office; whether the government can remove the person. The lack of a clear constitutional definition has led to repeated controversies. ✗Key Concept: Office of Profit controversy: The 2006 amendment to the Prevention of Disqualification Act was passed to protect approximately 40 MPs and MLAs across parties from disqualification for holding positions like Chairpersons of government corporations. Recent controversy: 2018 — EC dismissed plea against 27 AAP MLAs in Delhi for holding 'parliamentary secretary' posts — finding no disqualification as the posts were unpaid. Supreme Court criteria for 'office of profit': Appointment by government, payment from government funds, duties and functions prescribed by government, subject to removal by government.

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